REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS – In General

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1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.01000 – In General

A successful charging party can normally recover compensation for direct or foreseeable harms resulting in material part from a violation. (See, e.g., Palomar Health (2024) PERB Decision No. 2895-M, pp. 63-67 [legal expenses related to defending against employer’s lawsuit seeking to enjoin certain union activity]; City and County of San Francisco (2024) PERB Decision No. 2891-M, p. 26 [potential recovery of costs resulting from failure to provide information]; City and County of San Francisco (2023) PERB Decision No. 2858-M, p. 17 [bargaining costs]; Valley Union High School District (2022) PERB Decision No. 2822, pp. 23-24 [cost of deposition defense]; Alliance Judy Ivie Burton Technology Academy High et al. (2022) PERB Decision No. 2809, pp. 14 & 31-32 [organizing and bargaining costs materially caused by unfair practice]; Bellflower Unified School District (2022) PERB Decision No. 2544a, pp. 46-50 [lost dues]; Sacramento City Unified School District (2020) PERB Decision No. 2749, p. 21 [attorney fees for litigating petition to compel arbitration necessitated by employer’s violation]; City of San Diego (2019) PERB Decision No. 2464a-M, p. 4 [fees for litigating quo warranto suit to rescind voter initiative unlawfully placed on the ballot]; Omnitrans (2009) PERB Decision No. 2030-M, p. 30 [fees union paid for defense of criminal case resulting from employer’s unfair practice].) (p. 32.) PERB also compensates harms that employees incur in material part from a violation, irrespective of whether the employees themselves were charging parties. (pp. 32, fn. 19 [exhaustive list of harms for which employees are compensated].)